High Court tells Home Office new terror rules are still in contravention of human rights
November 12, 2009
The High Court has just told the government that their newest system of controlling the movements of suspected terrorists is still in breach of article six of the European Convention of Human Rights which states that everybody has the right to a fair trial. Earlier this year the House of Lords told the Home Office that if it wished to impose curfews on suspects along with electronically tagging them then it would also have to supply suspects with information about their suspected involvement with terrorism so that they would be able to put together some sort of defense.
The Home Office said that it could not reveal classified information to suspects as this could possibly pose a threat to national security. They then suggested imposing watered down restrictions on suspects such as confiscation of travel documents, not allowing them near airports, train stations or ports and the requirement that suspects report daily to their local police station.
Mr. Justice Collins has told the government that the new rules are still in contravention of article six as there was still no way for a suspect to create a meaningful defense against allegations. The government says that the new measures are light enough not to require the application of article six.
The current case has come about because the Home Office has imposed restrictions on two suspects who they say were planning a trip abroad to commit a terrorist crime.
Mr. Justice Collins has said that because this point of law is so important in terms of human rights the Home Secretary will be allowed to appeal against his ruling.
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